JUSTICE QAZI FAEZ ISA vs The PRESIDENT OF PAKISTAN arts — 2021 PLD 595 SUPREME-COURT

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JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 19-a, 184(3), 186, 188, 191 & 209(5)(b)---Broadcasting or live streaming of court proceedings---Constitutionality and permissibility---Review petitions before the Supreme Court challenging the directions given to the tax authorities by the Supreme Court to conduct an inquiry into the foreign assets of petitioner judge's family members and submit a report to the Supreme Judicial Council despite quashing of Presidential reference against the petitioner-judge---application filed by the petitioner-judge seeking live coverage of proceedings of his review petition---[Per Umar ata Bandial, J (Majority view)]: Said application of petitioner-judge was dismissed, however, it was observed that the right of the people to have access to information in matters of public importance under art. 19-a of the Constitution was recognized, the details and modalities of which were to be decided by the Full Court on the administrative side---[Per Yahya afridi, J, agreeing with the majority with respect to dismissal of application but with his own reasons] application of petitioner-judge merited dismissal as the relief sought by him would negate the very spirit of the oath taken by the petitioner-judge---His Lordship, however, observed that the right of the public to have access to live-streaming or audio-video recording, written transcript or any other medium, of the court hearings in the proceedings of public importance, including those under arts. 184(3) & 186 of the Constitution, was their fundamental right under art. 19a of the Constitution---His Lordship directed the Registrar of the Supreme Court to place the matter before the Full Court for appropriate steps as it deemed fit, under art. 191 of the Constitution, to effectuate such fundamental right of the public---[Per Maqbool Baqar, Manzoor ahmad Malik, Mazhar alam Khan Miankhel and Syed Mansoor ali Shah, JJ (Minority view)] art. 19-a of the Constitution created an obligation on State institutions, including the Judiciary, to take the necessary measures to ensure realization of the fundamental right of citizens to have access to information in matters of public importance---Cases under art. 184(3) of the Constitution, including review petitions and other matters arising therein, were matters of public importance, and the public had a right to know and see how proceedings in these cases were conducted and concluded by the Court---Live Streaming (audio and video) of court hearings of such cases should be made available for information of the public through a link on the official website of the Supreme Court, and for such purpose the Registrar of the Supreme Court should take steps to provide for the requisite technological infrastructure and make arrangements for necessary amendments in the Rules under art. 191 of the Constitution to regulate its practice and procedure in such regard---Keeping in view the current state of technological infrastructure available in the Supreme Court and the fact that the review petitions filed in the present case were fixed for hearing, Their Lordships directed that the audio recording of the proceedings of the court hearings of the present review petitions should be made available to the public through a link on the official website of the Supreme Court; that the Registrar of the Supreme Court shall ensure that the un-edited audio recording of the proceedings of the court hearing of the review petitions was made available to the public on the official website of the Court on the same day soon after the hearing and before the close of the working hours.

JUSTICE QAZI FAEZ ISA vs The PRESIDENT OF PAKISTAN arts — 2021 PLD 595 SUPREME-COURT

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